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ANIMAL HEALTH ACT

ANIMAL HEALTH ACT

Chapter A‑40.2


Table of Contents

Part 1
Interpretation

                1      Definitions

                2      Disease

                3      Reportable disease

                4      Notifiable disease

Part 2
Administration

                5      Chief provincial veterinarian

                6      Inspectors

                7      Delegation of authority

                8      Assistance by peace officer

Part 3
Reporting and Examination

                9      Duty to report

              10      Examination of live animals

              11      Examination of dead animals

Part 4
Quarantine

              12      Quarantine

              13      Service of quarantine order

              14      Notice of quarantine

              15      Treatments

              16      Movement from quarantined premises

              17      Failure to comply with quarantine order

              18      Quarantine inspections

              19      Quarantine order amended

              20      Quarantine order revoked

              21      Prohibition

Part 5
Surveillance Zone

              22      Surveillance zone

              23      Service of surveillance zone order

              24      Failure to comply with surveillance zone order

              25      Surveillance zone order amended

              26      Surveillance zone order revoked

              27      Prohibition

Part 6
Destruction and Compensation

              28      Destruction of animals

              29      Destruction of other property

              30      Compensation

Part 7
Control Zones

              31      Control zones

              32      Failure to comply with control zone order

              33      Control zone order amended

              34      Control zone order revoked

              35      Prohibition

              36      Regulations Act

Part 8
Inspections

              37      Inspection of vehicles, railway cars, aircraft, watercraft

              38      Inspection of premises

              39      Identification of inspector

              40      Incriminating disclosures

              41      Court orders

              42      Offences

Part 9
Licences and Qualification Certificates

              43      Definitions

           43.1      Requirement for licence

           43.2      Requirement for qualification certificate

           43.3      Restrictions

           43.4      Application for licence

           43.5      Application for qualification certificate

              44      Closing of premises

              45      Medicine

Part 10
Appeals

              46      Appeal procedure

              47      Decision and record of hearing

              48      Making decision public

              49      Appeal to Court of Queen’s Bench

              50      Reinstatement procedure

              51      Protection from liability

Part 11
Records

              52      Records

Part 12
Collection, Use and Disclosure
of Information

              53      Information

              54      Confidential information

              55      Personal information

              56      Collection of information

              57      Use and disclosure of information

              58      Agreements

Part 13
General


              59      Animal health programs

              60      Biosecurity measures

              61      Community pastures

              62      Possession of imported animals

              63      Traceability system

              64      Fees

              65      Sales of animals

              66      Protection from liability

Part 14
Offences and Penalties

              67      Offences

              68      Penalties

           68.1      Order for compliance

Part 15
Regulations

              69      Lieutenant Governor in Council regulations

              70      Ministerial regulations

           70.1      Self‑government regulations

           70.2      Rules

           70.3      Not Crown agents

           70.4      Financial Administration Act

           70.5      Business Corporations Act, s122(4)

           70.6      Action for fees or charges

           70.7      Reports

           70.8      Forms

              71      Inclusive power

Part 16
Transitional Provisions, Consequential
Amendments, Repeal and Coming into Force

        72‑73      Transitional provisions

        74‑76      Consequential amendments

              77      Repeal

              78      Coming into force

Schedule

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1
Interpretation

Definitions

1   In this Act,

                               (a)    “active pharmaceutical ingredients” means pharmaceutically active substances used in the formulation of medicines in dosage forms;

                              (b)    “animal” means any animal other than a human being;

                               (c)    “animal by‑product” includes, without limitation, blood and any of its components, bones, bristles, feathers, flesh, hair, hoofs, horns, offal, hides, furs, skin and wool;

                              (d)    “animal product” includes, without limitation, butter, cheese, cream, milk, eggs, meat, ova, semen and antlers;

                               (e)    “authorized person” means

                                        (i)    a person listed in the Schedule, or

                                      (ii)    a person who is designated in the regulations as an authorized person or who is within a class of persons that is designated in the regulations for the purposes of this subclause;

                               (f)    “biosecurity measures” means actions taken to minimize the spread of a disease or a disease‑causing agent;

                               (g)    “chief provincial veterinarian” means the chief provincial veterinarian appointed under section 5;

                              (h)    “community pasture” means

                                        (i)    a forest reserve under the Forest Reserves Act,

                                      (ii)    a community grazing reserve under the Public Lands Act, or

                                     (iii)    public land that is subject to a grazing lease or permit between the Government and a grazing association or group of individuals under the Public Lands Act;

                               (i)    “contaminated material” means bedding, clothing, equipment, feed, footwear, manure, medicine and any other fomite that may have come into contact with a diseased animal or a disease‑causing agent;

                               (j)    “control zone” means a control zone established under section 31;

                              (k)    “Department” means the Department of Agriculture and Rural Development;

                               (l)    “disease” means a disease within the meaning of section 2;

                             (m)    “disease‑causing agent” means a micro‑organism, macro‑organism, chemical, poison, toxin or other agent that causes or may cause a disease;

                              (n)    “fomite” means an inanimate object that is capable of carrying a disease‑causing agent but does not include a vehicle, railway car, aircraft or watercraft;

                              (o)    “information” includes personal information;

                              (p)    “inspector” means an inspector appointed under section 6;

                              (q)    “medicine” means drugs, vaccines, active pharmaceutical ingredients and biological supplies used for the prevention, treatment and control or eradication of diseases or parasites in animals;

                               (r)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                               (s)    “notifiable disease” means a notifiable disease within the meaning of section 4;

                               (t)    “owner” in respect of an animal, premises or any other thing includes a person who has custody or care and control of the animal, premises or other thing;

                              (u)    “personal information” means information about an identifiable individual;

                              (v)    “registered veterinarian” means a registered veterinarian under the Veterinary Profession Act;

                              (w)    “reportable disease” means a reportable disease within the meaning of section 3;

                              (x)    “residue” means medicine, chemicals or deleterious substances or their metabolized products remaining in animals, animal products, animal by‑products or animal tissues;

                              (y)    “syndrome” means a set of symptoms or conditions that occur together in an animal;

                               (z)    “vector” means a living organism that is capable of carrying and transmitting a disease‑causing agent but does not include an individual;

                             (aa)    “withdrawal time” means the amount of time required after the last medicine treatment given to an animal

                                        (i)    as stated on the label of the medicine if the medicine is being used as described on the label, or

                                      (ii)    as directed by the prescribing registered veterinarian if the medicine is being used and administered in an extra‑label manner,

                                       to achieve the maximum residue limits as set out in the Food and Drug Act (Canada).

2007 cA‑40.2 s1;2013 c10 s11;2009 c17 s2

Disease

2(1)  For the purposes of this Act, “disease” means

                               (a)    a pathological abnormality or a distinct group of symptoms or behaviours that are generally recognized by the scientific community as resulting or likely resulting from a single cause, or the interaction of more than one cause,

                              (b)    any syndrome, or

                               (c)    the condition of carrying a disease‑causing agent.

(2)  Notwithstanding subsection (1), an inspector who is a registered veterinarian may consider an animal to be diseased if

                               (a)    in the opinion of the inspector, the animal exhibits a single abnormal symptom or behaviour or a group of abnormal symptoms or behaviours whose cause has not been identified or isolated, or

                              (b)    repealed 2009 c17 s3,

                               (c)    the animal has residues that exceed the maximum residue limits set out under the Food and Drug Act (Canada).

2007 cA‑40.2 s2;2009 c17 s3

Reportable disease

3   For the purposes of this Act, a reportable disease is a disease that

                               (a)    is prescribed as a reportable disease in the regulations,

                              (b)    in the opinion of the chief provincial veterinarian requires the implementation of control measures or eradication measures to minimize the risk of the disease spreading because the disease

                                        (i)    may cause products derived from a diseased animal to be unsafe or unfit for use or consumption,

                                      (ii)    may be a threat to animal health, public health or the health of other living organisms,

                                     (iii)    may be a threat to the economic interests of the animal industry, or

                                     (iv)    may be transmitted between animals and humans,

                               or

                               (c)    requires any action to be taken for any purpose prescribed in the regulations.

2007 cA‑40.2 s3;2009 c17 s4

Notifiable disease

4   For the purposes of this Act, a notifiable disease is a disease that

                               (a)    is prescribed as a notifiable disease in the regulations,

                              (b)    in the opinion of the chief provincial veterinarian requires monitoring because the presence or the location of the disease may affect domestic or international trade,

                               (c)    in the opinion of the chief provincial veterinarian requires monitoring because it is a new disease to the province and the potential effects of the disease on animal health or public health are not known,

                              (d)    in the opinion of the chief provincial veterinarian requires monitoring because the disease‑causing agent has changed and the effects of the change and the potential effects of the change on animal health or public health are not known,

                               (e)    in the opinion of the chief provincial veterinarian requires monitoring for any other purpose, or

                               (f)    requires monitoring for any other purpose prescribed in the regulations.

 

Part 2
Administration

Chief provincial veterinarian

5   The Minister may appoint a registered veterinarian as chief provincial veterinarian in accordance with the Public Service Act.

 

Inspectors

6(1)  For the purposes of this Act, the chief provincial veterinarian is an inspector.

(2)  The chief provincial veterinarian may appoint registered veterinarians as inspectors.

(3)  The chief provincial veterinarian may appoint individuals who are not registered veterinarians as inspectors.

(4)  Inspectors who are not employed pursuant to the Public Service Act may be paid the remuneration and expenses that the Minister may from time to time determine.

(5)  An inspector must carry identification issued by the chief provincial veterinarian in the form provided for in the regulations.

 

Delegation of authority

7(1)  The Minister may delegate any of the Minister’s powers and duties under this Act, other than the power to make regulations, to the chief provincial veterinarian, including the power of subdelegation.

(2)  The chief provincial veterinarian may in writing delegate to an inspector or to an employee of the Department any of the chief provincial veterinarian’s powers and duties under this Act or powers and duties delegated to the chief provincial veterinarian by the Minister under subsection (1).

 

Assistance by peace officer

8   An inspector may be accompanied by a peace officer while exercising powers or carrying out duties under this Act.

 

Part 3
Reporting and Examination

Duty to report

9(1)  Subject to the regulations, an owner of an animal or an authorized person who knows or ought to know that a reportable disease prescribed in the regulations is, or may be, present in an animal must report it to the chief provincial veterinarian within 24 hours.

(2)  Subject to the regulations, an owner of an animal or an authorized person who knows or ought to know that a notifiable disease described in section 4 is, or may be, present in an animal must report it to the chief provincial veterinarian within 24 hours.

 

Examination of live animals

10   For the purposes of administering this Act, an inspector may examine any animal that on reasonable and probable grounds is suspected of

                               (a)    having a reportable disease,

                              (b)    having come into contact with an animal that has or had a reportable disease,

                               (c)    carrying a disease‑causing agent for a reportable disease, or

                              (d)    having come into contact with a vector or a fomite that is or likely is carrying a disease‑causing agent for a reportable disease.

 

Examination of dead animals

11   For the purposes of administering this Act, the chief provincial veterinarian may order the carcass of any dead animal to be exhumed and examined

                               (a)    if the animal is suspected on reasonable and probable grounds of having died from a reportable disease,

                              (b)    if the animal was destroyed under section 28 as a result of having or being suspected of having a reportable disease,

                               (c)    if the animal died and an animal product or animal by‑product from the dead animal was contaminated with or was suspected of being contaminated with a reportable disease,

                              (d)    if the animal was destroyed under section 28 as a result of an animal product or animal by‑product from the animal being contaminated with a disease‑causing agent for a reportable disease or being suspected of being contaminated with a disease‑causing agent for a reportable disease, or

                               (e)    if the owner of the animal or an authorized person has contravened section 9, a quarantine order under section 12, a surveillance zone order under section 22, a control zone order under section 31, section 62 or the regulations.

 

Part 4
Quarantine

Quarantine

12(1)  When the chief provincial veterinarian believes on reasonable and probable grounds that an animal has a reportable disease or has come into contact with another animal that has or had a reportable disease or that an animal product or animal by‑product is contaminated with or is suspected of being contaminated with a disease‑causing agent for a reportable disease, the chief provincial veterinarian may issue a quarantine order and

                               (a)    quarantine premises,

                              (b)    quarantine an animal on premises,

                               (c)    quarantine an animal product on premises,

                              (d)    quarantine an animal by‑product on premises,

                               (e)    quarantine contaminated material on premises,

                               (f)    quarantine on premises a vehicle, railway car, aircraft or watercraft that carried

                                        (i)    an animal that has a reportable disease or is suspected on reasonable and probable grounds of having a reportable disease,

                                      (ii)    an animal product or animal by‑product that is or is suspected of being contaminated with a disease‑causing agent for a reportable disease, or

                                     (iii)    contaminated material.

(2)  A quarantine order issued under subsection (1) may include any terms and conditions the chief provincial veterinarian considers necessary to minimize the risk of the reportable disease spreading and may

                               (a)    identify the reportable disease,

                              (b)    name the owner of the animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft, premises or contaminated material,

                               (c)    describe the location of

                                        (i)    the quarantined premises,

                                      (ii)    the quarantined animal and the location of the animal on the premises,

                                     (iii)    the quarantined animal product or animal by‑product and the location of the animal product or animal by‑product on the premises,

                                     (iv)    the quarantined vehicle, railway car, aircraft or watercraft and the location of the vehicle, railway car, aircraft or watercraft on the premises, and

                                       (v)    the quarantined contaminated material and the location of the contaminated material on the premises,

                              (d)    require an inspector to apply an identification mark, symbol, tag or electronic device to an animal, or require an inspector to record an identification mark, symbol, tag or electronic device that has been previously applied to an animal in order to identify the animal being quarantined,

                               (e)    require an inspector to apply an identification tag on a vehicle, railway car, aircraft, watercraft or contaminated material in order to identify the vehicle, railway car, aircraft, watercraft or contaminated material being quarantined,

                               (f)    order the manner in which the owner of the animal is to care for and feed all animals within the quarantined premises,

                               (g)    impose specific restrictions on the movement of fomites, vectors, animals, animal products, animal by‑products, individuals, vehicles, railway cars, aircraft, watercraft and contaminated material that may carry a disease‑causing agent for the reportable disease from entering or leaving the quarantined premises,

                              (h)    impose specific restrictions on the movement of animals, animal products, animal by‑products and contaminated material within the quarantined premises,

                               (i)    specify any precautions or biosecurity measures for animals, animal products, animal by‑products, individuals, vehicles, railway cars, aircraft, watercraft and contaminated material entering or leaving the quarantined premises,

                               (j)    state what tests are being conducted or will be conducted to identify or confirm the presence of the reportable disease or the disease‑causing agent for the reportable disease,

                              (k)    order the isolation and segregation of animals present within the quarantined premises or from a quarantined vehicle, railway car, aircraft or watercraft,

                               (l)    order the owner of the animal to vaccinate an animal that has or is suspected on reasonable and probable grounds of having the reportable disease or to vaccinate other animals that may be susceptible to the reportable disease,

                             (m)    order the owner of the premises, the vehicle, the railway car, the aircraft, the watercraft or the contaminated material to clean and disinfect the premises, the vehicle, the railway car, the aircraft, the watercraft and any contaminated material on the premises or on or in the vehicle, the railway car, the aircraft or the watercraft,

                              (n)    order the destruction of an animal in accordance with section 28 if the animal has or is suspected on reasonable and probable grounds of having the reportable disease or if the animal products or animal by‑products from an animal are contaminated with or are suspected of being contaminated with the disease‑causing agent for the reportable disease,

                              (o)    permit the movement of an animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material from the quarantined premises to another location,

                              (p)    require the owner of the animal or premises to inform the inspector of any animals that become sick or have died on the premises during the quarantine, and

                              (q)    impose any other terms and conditions the chief provincial veterinarian considers necessary.

2007 cA‑40.2 s12;2009 c17 s5

Service of quarantine order

13(1)  Subject to subsection (2), a quarantine order must be served by being delivered personally to the owner of the premises, the animal, the animal product, the animal by‑product, the vehicle, the railway car, the aircraft, the watercraft or the contaminated material.

(2)  If, in the opinion of an inspector, service cannot reasonably be effected in accordance with subsection (1), the inspector may post a copy of the quarantine order in a conspicuous place on the premises where the animal, animal product, animal by‑product or contaminated material is located or on the vehicle, the railway car, the aircraft or the watercraft that is the subject of the quarantine order.

 

Notice of quarantine

14   The chief provincial veterinarian may notify an authorized person of the quarantine order and may provide any information collected under section 18 to an authorized person if the chief provincial veterinarian considers it necessary.

 

Treatments

15   The chief provincial veterinarian may order specific treatments to be administered to any animal on quarantined premises.

 

Movement from quarantined premises

16(1)  A person may move an animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material from quarantined premises to another location only

                               (a)    in accordance with the terms and conditions in the quarantine order, and

                              (b)    after notifying the inspector at least 12 hours prior to moving the animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material from the quarantined premises.

(2)  A person moving an animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material must carry a copy of the quarantine order and provide a copy of the quarantine order to any person who takes custody or care and control of the animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material.

 

Failure to comply with quarantine order

17(1)  A person who fails to comply with the terms and conditions of a quarantine order is guilty of an offence.

(2)  If the owner of the premises, animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material that is subject to a quarantine order fails to comply with the terms and conditions of the quarantine order, the inspector may carry out the terms and conditions of the quarantine order at the expense of the owner.

(3)  An inspector must provide in writing to the owner the inspector’s determination of the expenses incurred in carrying out the terms and conditions of a quarantine order.

(4)  When the terms and conditions of a quarantine order are carried out by an inspector under this section, the amount of the expenses incurred in carrying out the quarantine order, as determined by the inspector, is a debt due to the Crown.

 

Quarantine inspections

18   In addition to carrying out the powers and duties set out in sections 37 and 38, during a quarantine an inspector may

                               (a)    examine animals that have a reportable disease or that may have been exposed to a disease‑causing agent for a reportable disease, collect samples from those animals and conduct tests on those samples,

                              (b)    examine fomites suspected of carrying a disease‑causing agent for a reportable disease and collect samples and conduct tests on those samples,

                               (c)    conduct investigations to determine the cause, source or spread of a reportable disease or a disease‑causing agent for a reportable disease,

                              (d)    identify any animals that may have come into contact with the diseased animal or that may have developed the reportable disease,

                               (e)    require the production of the name, address and telephone number of the owner of the quarantined premises, animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material,

                               (f)    conduct any tests on a diseased animal or any animal that may have come into contact with a diseased animal or been exposed to the disease‑causing agent for the reportable disease or obtain the results of any tests that have been conducted on a diseased animal or on any animal that may have come into contact with a diseased animal or been exposed to the disease‑causing agent for the reportable disease,

                               (g)    require the production of a list of the treatments administered to a diseased animal and the diseased animal’s response to the treatments,

                              (h)    require the production of information on the morbidity or mortality of the animals on the quarantined premises,

                               (i)    require the production of the epidemiological and pathological details of a reportable disease in a diseased animal or in any animal that may have come into contact with a diseased animal or been exposed to the disease‑causing agent for the reportable disease,

                               (j)    assess the health of other animals on the quarantined premises that may have come into contact with a diseased animal or been exposed to the disease‑causing agent for the reportable disease, and

                              (k)    require the production of any other information or carry out any other activity that the inspector considers necessary for the investigation.

 

Quarantine order amended

19(1)  The chief provincial veterinarian may amend a quarantine order in writing.

(2)  A copy of the amendment must be provided to the owner of the quarantined premises, animal, animal product, animal by-product, vehicle, railway car, aircraft, watercraft or contaminated material.

(3)  The chief provincial veterinarian must notify the authorized persons notified of the original quarantine order under section 14 of the amendment in the same manner as those persons were notified of the original quarantine order.

 

Quarantine order revoked

20(1)  Subject to subsection (2), the chief provincial veterinarian may revoke a quarantine order in writing.

(2)  A quarantine order may not be revoked until the chief provincial veterinarian is satisfied that all of the terms and conditions of the quarantine order have been carried out.

(3)  When the chief provincial veterinarian revokes a quarantine order, the chief provincial veterinarian must

                               (a)    provide a copy of the revocation to the owner of the quarantined premises, animal, animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material,

                              (b)    notify the authorized persons notified of the original quarantine order under section 14 of the revocation in the same manner as those persons were notified of the original quarantine order, and

                               (c)    remove the copy of the quarantine order posted under section 13(2), if any.

 

Prohibition

21(1)  No person shall remove, alter, deface, conceal, damage, destroy, move or render illegible a quarantine order or a copy of a quarantine order posted on the quarantined premises or posted on a quarantined vehicle, railway car, aircraft or watercraft unless the person has the written consent of an inspector.

(2)  No person other than an inspector shall remove, alter, deface, conceal, damage, destroy, move or render illegible any seal, earmark, eartag, other identification mark, symbol, tag or any other electronic device used or applied by an inspector on an animal.

(3)  No person other than an inspector shall remove, alter, deface, conceal, damage, destroy, move or render illegible an identification tag used or applied by an inspector on a vehicle, railway car, aircraft, watercraft or contaminated material.

 

Part 5
Surveillance Zone

Surveillance zone

22(1)  The chief provincial veterinarian may establish a surveillance zone with a maximum radius of 10 km around quarantined premises and issue a surveillance zone order.

(2)  A surveillance zone order issued under subsection (1) may include any terms and conditions the chief provincial veterinarian considers necessary to monitor the surveillance zone for the presence of the specific reportable disease that is present within the quarantined premises and may authorize an inspector

                               (a)    to examine animals, collect specimens from animals and conduct tests on animals within a surveillance zone to determine if a reportable disease or a disease‑causing agent for the reportable disease has spread from the quarantined premises into the surveillance zone,

                              (b)    to examine fomites, collect samples and conduct tests on those samples collected within a surveillance zone to determine if the disease‑causing agent for a reportable disease within the quarantined premises has spread to the surveillance zone,

                               (c)    to require the vaccination of animals,

                              (d)    to require owners of animals and authorized persons to report unusual occurrences or incidences of morbidity or mortality within the surveillance zone,

                               (e)    to impose disease control or disease prevention strategies and any other biosecurity measures to minimize the risk of the reportable disease spreading,

                               (f)    to conduct and monitor investigations to determine if the specific reportable disease has entered the surveillance zone, and

                               (g)    to impose any other restriction or requirement the chief provincial veterinarian considers necessary to minimize the risk of the reportable disease or the disease‑causing agent for the reportable disease spreading from quarantined premises to the surveillance zone or within the surveillance zone.

 

Service of surveillance zone order

23(1)  The chief provincial veterinarian may serve notice of a surveillance zone order on an owner of premises or of an animal, animal product or animal by‑product, or on an authorized person, within the surveillance zone.

(2)  Subject to subsection (3), notice of the surveillance zone order under subsection (1) must be served by being personally delivered.

(3)  If, in the opinion of an inspector, service cannot reasonably be effected in accordance with subsection (2), the inspector may post a copy of the surveillance zone order in a conspicuous place on the premises of each person to be served within the surveillance zone.

2007 cA‑40.2 s23;2009 c17 s6

Failure to comply with surveillance zone order

24(1)  A person who fails to comply with the terms and conditions of a surveillance zone order is guilty of an offence.

(2)  If an owner of premises or of an animal, animal product or animal by-product or an authorized person fails to comply with the terms and conditions of a surveillance zone order, the inspector may carry out the terms and conditions of the surveillance zone order at the expense of the owner or authorized person.

(3)  The inspector must provide in writing to the owner or authorized person the inspector’s determination of the expenses incurred in carrying out the terms and conditions of the surveillance zone order.

(4)  When terms and conditions of the surveillance zone order are carried out by an inspector under this section, the amount of the expenses incurred in carrying out the terms and conditions of the surveillance zone order, as determined by the inspector, is a debt due to the Crown.

 

Surveillance zone order amended

25(1)  The chief provincial veterinarian may amend a surveillance zone order in writing.

(2)  A copy of the amendment must be served on the persons notified of the original surveillance zone order under section 23 by being delivered personally.

(3)  If, in the opinion of an inspector, service cannot reasonably be effected in accordance with subsection (2), the inspector may post a copy of the amendment in a conspicuous place on the premises of each person who was notified of the original surveillance zone order.

2007 cA‑40.2 s25;2009 c17 s7

Surveillance zone order revoked

26   When the chief provincial veterinarian revokes a surveillance zone order, the chief provincial veterinarian must inform the persons served with the surveillance zone order under section 23 of the revocation by

                               (a)    publishing the revocation in a newspaper having general circulation in the surveillance zone, and

                              (b)    publishing the revocation on the Department’s website.

 

Prohibition

27   No person shall remove, alter, deface, conceal, damage, destroy, move or render illegible a surveillance zone order or an amendment to a surveillance zone order or a copy of a surveillance zone order or of an amendment to a surveillance zone order posted on premises unless the person has the written consent of an inspector.

 

Part 6
Destruction and Compensation

Destruction of animals

28(1)  The chief provincial veterinarian may order the owner of an animal to destroy or dispose of an animal within a specified period of time and may, subject to the regulations, choose the method of destruction and the method of disposal of the carcass

                               (a)    if the animal has or is suspected on reasonable and probable grounds of having a reportable disease,

                              (b)    if the animal has come into contact with an animal that has or is suspected on reasonable and probable grounds of having a reportable disease,

                               (c)    if the animal is on quarantined premises,

                              (d)    if the animal has a reportable disease and the chief provincial veterinarian believes on reasonable and probable grounds that allowing the continued survival of the animal would be cruel or inhumane,

                               (e)    if the animal is carrying or is suspected on reasonable and probable grounds of carrying a disease‑causing agent for a reportable disease,

                               (f)    if an animal product or animal by‑product from the animal is contaminated with or is suspected of being contaminated with a disease‑causing agent for a reportable disease, or

                               (g)    if the animal has consumed or is suspected on reasonable and probable grounds of having consumed the carcass or other parts of a dead animal contrary to a provincial or federal enactment.

(2)  If the chief provincial veterinarian orders the destruction and disposal of an animal, the chief provincial veterinarian must provide a copy of the order to the owner.

(3)  The owner must comply with an order issued under subsection (1).

(4)  If the owner fails to comply with an order issued pursuant to subsection (1)(g), the Minister may seize, destroy and dispose of the animal.

(5)  The amount of expenses incurred in seizing, destroying and disposing of an animal under subsection (4) is a debt due to the Crown.

2007 cA‑40.2 s28;2009 c17 s8

Destruction of other property

29(1)  The chief provincial veterinarian may order the destruction and disposal of an animal product, an animal by‑product, a vehicle, a railway car, an aircraft, a watercraft or contaminated material if the animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material has come into contact with a disease‑causing agent for a reportable disease and the destruction of the disease‑causing agent cannot be ensured by cleaning or disinfecting the animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material.

(2)  If the chief provincial veterinarian orders the destruction and disposal of an animal product, an animal by‑product, a vehicle, a railway car, an aircraft, a watercraft or contaminated material, the chief provincial veterinarian must provide a copy of the order to the owner.

(3)  The owner must comply with an order issued under subsection (1).

 

Compensation

30(1)  The Minister may, in accordance with the regulations, authorize the payment of compensation

                               (a)    to an owner whose animal is destroyed under section 28,

                              (b)    to an owner whose animal product, animal by‑product, vehicle, railway car, aircraft, watercraft or contaminated material is destroyed under section 29,

                               (c)    for cleaning costs and disinfecting costs incurred in the course of complying with a quarantine order, surveillance zone order or control zone order,

                              (d)    for the costs of destruction and disposal of an animal, an animal product, an animal by‑product, a vehicle, a railway car, an aircraft, a watercraft or contaminated material under section 28 or 29, or

                               (e)    for any other matter prescribed in the regulations.

(2)  The Minister may refuse to authorize compensation or may reduce the amount of compensation authorized

                               (a)    if the owner has failed to comply with an order, direction or request made by an inspector,

                              (b)    if the owner had failed to implement biosecurity measures as specified in the regulations,

                               (c)    if the owner has failed to comply with this Act,

                              (d)    if the owner has failed to comply with a statutory duty directly related to the animal or the reportable disease, or

                               (e)    for any other reason provided for in the regulations.

(3)  Neither the owner nor the operator of a vehicle, railway car, aircraft or watercraft is entitled to compensation in respect of anything required to be done under section 37.

 

Part 7
Control Zones

Control zones

31(1)  The Minister may, by order, establish a control zone

                               (a)    in a region along a border of the province to minimize the risk of a specific reportable disease present in an adjacent province, territory or state from entering Alberta,

                              (b)    in any region in Alberta to establish or protect a disease‑free zone when the specific reportable disease is present in the rest of Alberta, or

                               (c)    in any region in Alberta to contain a specific reportable disease.

(2)  Notice of a control zone order must contain the following information:

                               (a)    the location of the control zone;

                              (b)    the specific reportable disease that necessitates establishing the control zone;

                               (c)    the species of animal the reportable disease occurs in;

                              (d)    the authority the chief provincial veterinarian has in the control zone;

                               (e)    any other information the Minister considers relevant.

(3)  Notice of a control zone order must be published

                               (a)    in a newspaper having general circulation in the control zone,

                              (b)    on the Department’s website, and

                               (c)    in any other manner the Minister considers appropriate.

(4)  In addition to publishing notice of the control zone order under subsection (3), the Minister may provide notice of the control zone order to an owner of an animal, animal product or animal by‑product within the control zone or to an authorized person in the control zone in any manner the Minister considers appropriate.

(5)  For the purposes of each control zone established, in addition to the powers set out in sections 37 and 38, the chief provincial veterinarian may, with the authorization of the Minister, do any one or more of the following:

                               (a)    create a surveillance program to monitor for the specific reportable disease named in the notice;

                              (b)    examine animals, collect specimens from animals and conduct tests on animals within a control zone and animals entering and leaving a control zone to determine whether the specific reportable disease is present in those animals;

                               (c)    examine fomites, collect samples and conduct tests on those samples to determine if the disease‑causing agent for the specific reportable disease is present within the control zone;

                              (d)    require owners of animals and authorized persons within the control zone to submit samples from animals to test for the presence of the specific reportable disease or the disease‑causing agent for the specific reportable disease;

                               (e)    restrict the movement of fomites, vectors, animals, vehicles, railway cars, aircraft and watercraft from entering or leaving the control zone;

                               (f)    set conditions for the movement of animals, animal products, animal by‑products, vehicles, railway cars, aircraft, watercraft and contaminated material into and out of the control zone;

                               (g)    require an owner of an animal or an authorized person to report unusual occurrences or incidences of morbidity or mortality in animals within the control zone;

                              (h)    impose disease control or disease prevention strategies and any other biosecurity measures to minimize the risk of the specific reportable disease or the disease‑causing agent for the specific reportable disease spreading;

                               (i)    require the vaccination of animals;

                               (j)    require vehicles, railway cars, aircraft, watercraft and equipment to be cleaned and disinfected before entering or leaving the control zone;

                              (k)    conduct and monitor investigations to determine if the specific reportable disease or the disease‑causing agent for the specific reportable disease has entered the control zone;

                               (l)    specify precautions individuals must take before entering or leaving the control zone;

                             (m)    impose any other restriction or requirement the chief provincial veterinarian considers necessary.

(6)  A person must comply with any restriction or requirement imposed by the chief provincial veterinarian under subsection (5).

 

Failure to comply with control zone order

32(1)  A person who fails to comply with the terms and conditions of a control zone order is guilty of an offence.

(2)  If an owner of an animal, animal product or animal by‑product or an authorized person fails to comply with the terms and conditions of a control zone order, the chief provincial veterinarian may carry out the terms and conditions of the control zone order at the expense of the owner or the authorized person.

(3)  The chief provincial veterinarian must provide in writing to the owner or the authorized person the chief provincial veterinarian’s determination of the expenses incurred in carrying out the terms and conditions of the control zone order.

(4)  When the terms and conditions of the control zone order are carried out by the chief provincial veterinarian under this section, the amount of the expenses incurred in carrying out the terms and conditions of the control zone order, as determined by the chief provincial veterinarian, is a debt due to the Crown.

 

Control zone order amended

33(1)  The Minister may amend a control zone order in writing.

(2)  A copy of the amendment must be published

                               (a)    in a newspaper having general circulation in the control zone,

                              (b)    on the Department’s website, and

                               (c)    in any other manner the Minister published notice of the control zone under section 31(3).

(3)  The Minister must notify the owners of animals, animal products or animal by‑products and authorized persons notified of the original control zone order under section 31(4) of the amendment in the same manner as those persons were notified of the original control zone order.

 

Control zone order revoked

34   When the Minister revokes a control zone order, the Minister must

                               (a)    publish the revocation in a newspaper having general circulation in the control zone,

                              (b)    publish the revocation on the Department’s website,

                               (c)    publish the revocation in any other manner the Minister published notice of the control zone, and

                              (d)    notify the owners of animals, animal products or animal by-products and authorized persons notified of the original control zone order under section 31(4) of the revocation in the same manner as those persons were notified of the original control zone order.

 

Prohibition

35   No person shall remove, alter, deface, conceal, damage, destroy, move or render illegible a control zone order or an amendment to a control zone order or a copy of a control zone order or of an amendment to a control zone order posted on premises unless the person has the written consent of an inspector.

 

Regulations Act

36   The Regulations Act does not apply to an order made by the Minister under this Part.

Part 8
Inspections

Inspection of vehicles, railway cars, aircraft, watercraft

37(1)  An inspector and persons assisting an inspector may, for the purpose of administering or ensuring compliance with this Act or the regulations, and carrying out any work or doing any other thing that the inspector is authorized under this Act to carry out or do, inspect any vehicle, railway car, aircraft or watercraft in or on which animals, animal products, animal by‑products or contaminated material is transported.

(2)  A person operating a vehicle, railway car, aircraft or watercraft described in subsection (1) must, when required by an inspector to do so,

                               (a)    bring the vehicle, railway car, aircraft or watercraft to a stop and keep it stopped until the end of any period of time that is reasonably necessary to enable the inspector to carry out the powers and duties of an inspector under this Act,

                              (b)    permit the inspector to examine the vehicle, railway car, aircraft or watercraft and animals, animal products, animal by‑products or contaminated material in or on the vehicle, railway car, aircraft or watercraft,

                               (c)    permit the inspector to take samples and specimens from the animals, animal products, animal by‑products or contaminated material in or on the vehicle, railway car, aircraft or watercraft,

                              (d)    answer all questions related to the administration of this Act put to the person by the inspector concerning the animals, animal products, animal by‑products or contaminated material,

                               (e)    produce to the inspector records and other documents, including electronic records or documents, that relate to the animals, animal products, animal by‑products or contaminated material in or on the vehicle, railway car, aircraft or watercraft,

                           (e.1)    permit the inspector to use any computer hardware or software, including that of the vehicle, railway car, aircraft or watercraft, to obtain readings or other information about animals, animal products or animal by‑products,

                               (f)    transport the animals to the nearest point where reasonable unloading facilities are available and

                                        (i)    unload the animals for inspection, and

                                      (ii)    clean and disinfect the vehicle, railway car, aircraft or watercraft,

                               and

                               (g)    assist the inspector who is carrying out powers and duties under this section.

(3)  Subsection (2) does not apply to an aircraft that is in flight.

2007 cA‑40.2 s37;2009 c17 s9

Inspection of premises

38(1)  An inspector and persons assisting an inspector may, at any reasonable time, pass over land and enter any premises, other than a private dwelling or a part of premises used as a private dwelling, for the purpose of administering or ensuring compliance with this Act or the regulations and carrying out any work or doing any other thing that the inspector is authorized under this Act to carry out or do, including, without limitation, any of the following:

                               (a)    inspecting any premises or land in or on which any animals, animal products or animal by-products are, or are proposed to be, bought, sold or stored under this Act;

                              (b)    inspecting any activities that require a licence under this Act;

                               (c)    inspecting animals, animal products, animal by‑products or contaminated material present on the land or premises being inspected.

(2)  In carrying out an inspection, an inspector may

                               (a)    require the production for examination of any records or other documents, including electronic records or documents, related to the administration of this Act and make copies of them or temporarily remove them for the purpose of making copies,

                           (a.1)    use any computer hardware or software to obtain readings or other information related to the administration of this Act,

                              (b)    require any person on the land or in the premises to answer all questions related to the administration of this Act put to the person by the inspector concerning the animals, animal products, animal by‑products and contaminated material that are present, have been present or are expected to be present on the land or in the premises,

                               (c)    examine, take samples and specimens from, and require tests to be performed on or samples to be taken from, animals, animal products, animal by‑products or contaminated material on the land or premises,

                              (d)    photograph or otherwise record anything on the land or premises that the inspector considers would be of assistance, and

                               (e)    require any person to provide assistance to an inspector who is carrying out powers and duties under this section.

(3)  Before entering a private dwelling or a part of premises used as a private dwelling to carry out powers and duties under this section, an inspector must

                               (a)    obtain the consent of the owner or occupant of the private dwelling, or

                              (b)    obtain an order from a judge of the Court of Queen’s Bench.

(4)  If an inspector removes records or other documents under this section, the inspector must

                               (a)    give a receipt for them to the person from whom they were taken,

                              (b)    on request, provide a copy of the records or other documents removed to the person from whom they were taken or to a person who is entitled to custody of them, and

                               (c)    forthwith return the records or documents to the person from whom they were taken when they have served the purposes for which they were taken.

2007 cA‑40.2 s38;2007 c34 s2;2009 c17 s10

Identification of inspector

39   An inspector acting under the authority of section 37 or 38 must carry identification in the form provided for in the regulations and on request produce the identification and explain the powers and duties of an inspector under sections 37 and 38.

 

Incriminating disclosures

40   A person who makes a disclosure under section 37(2)(d) or 38(2)(b) has the right not to have any incriminating disclosure so made used as evidence against the person in a prosecution under this Act except in a prosecution under section 42(2).

 

Court orders

41(1)  If the consent required under section 38(3)(a) is refused or cannot reasonably be obtained, a judge of the Court of Queen’s Bench may, on the application of an inspector, issue an order that

                               (a)    authorizes the inspector to enter the private dwelling or the part of premises used as a private dwelling to enable the inspector to carry out the powers and duties under section 38, and

                              (b)    directs a peace officer to accompany the inspector, if requested by the inspector, while the inspector carries out the powers and duties of an inspector under section 38.

(2)  If anyone interferes with or hinders an inspector who is attempting to carry out the powers and duties of an inspector under section 18, 37 or 38, a judge of the Court of Queen’s Bench may, on the application of the inspector, issue an order that

                               (a)    restrains any person from interfering with or in any manner hindering an inspector in the carrying out of the powers and duties of an inspector under this Act,

                              (b)    directs the owner to do or refrain from doing anything as the judge considers necessary in order to enable the inspector to carry out the powers and duties of an inspector under this Act, and

                               (c)    directs a peace officer to accompany the inspector, if requested by the inspector, while the inspector carries out the powers and duties of an inspector under this Act.

(3)  An application under this section may be made ex parte if the judge considers it appropriate in the circumstances.

2007 cA‑40.2 s41;2009 c53 s21

Offences

42(1)  A person who interferes with or hinders an inspector who is carrying out or attempting to carry out the powers and duties of an inspector under this Act or refuses or neglects to comply with any request directed to the person under this Act is guilty of an offence.

(2)  A person who knowingly makes a false or misleading statement under section 37(2)(d) or 38(2)(b) is guilty of an offence.

 

Part 9
Licences and
Qualification Certificates

Definitions

43   In this Part,

                               (a)    “authorized medicine” means authorized medicine as defined in the regulations;

                              (b)    “licence” means a licence referred to in section 43.4(1);

                               (c)    “livestock market licence” means a licence to operate a livestock market;

                              (d)    “outlet” means a place where authorized medicine for production animals is sold to the public;

                               (e)    “outlet licence” means a licence to operate an outlet;

                               (f)    “production animal” means production animal as defined in the regulations;

                               (g)    “qualification certificate” means a certificate authorizing an individual to provide advice on the use of an authorized medicine in accordance with labelled instructions;

                              (h)    “wholesale licence” means a licence to sell authorized medicine to outlets.

2009 c17 s11

Requirement for licence

43.1   Subject to the regulations, no person shall

                               (a)    operate a livestock market without a livestock market licence,

                              (b)    sell authorized medicine to the public except under the authority of an outlet licence,

                               (c)    sell authorized medicine to an outlet except under the authority of a wholesale licence, or

                              (d)    carry on an activity that requires a licence prescribed in the regulations except under the authority of that licence.

2009 c17 s11

Requirement for qualification certificate

43.2   No holder of an outlet licence shall sell authorized medicine unless the holder has on duty or has available for consultation throughout regular business hours at least one person who holds a qualification certificate.

2009 c17 s11

Restrictions

43.3(1)  No holder of an outlet licence shall purchase, store or sell medicine to the public that is not authorized medicine.

(2)  No holder of a wholesale licence shall sell authorized medicine for resale in an outlet unless an outlet licence has been issued in respect of that outlet.

2009 c17 s11

Application for licence

43.4(1)  On application for a licence by a person in accordance with this Part and the regulations, the Minister may issue or refuse to issue any of the following licences:

                               (a)    a livestock market licence;

                              (b)    an outlet licence;

                               (c)    a wholesale licence;

                              (d)    any other licence prescribed in the regulations.

(2)  An application for a licence must be made to the Minister in a form prescribed in the regulations and must be accompanied with a licence fee in the amount prescribed in the regulations.

(3)  The Minister may issue a licence under this section subject to any terms and conditions the Minister considers appropriate.

(4)  A licence issued under this section is not transferable.

(5)  The Minister may, in the Minister’s discretion,

                               (a)    refuse to issue or to renew a licence, or

                              (b)    cancel or suspend a licence or vary the terms and conditions of a licence if the Minister is satisfied that the licence holder has contravened this Act or the regulations or the terms and conditions of the licence,

and must provide a copy of the decision to the applicant or licence holder, as the case may be.

2009 c17 s11

Application for qualification certificate

43.5(1)  On application for a qualification certificate by a person in accordance with this Part and the regulations, the Minister may issue or refuse to issue a qualification certificate.

(2)  Notwithstanding the Pharmacy and Drug Act and Schedule 7.1 to the Government Organization Act, a qualification certificate may be issued to a person other than

                               (a)    a pharmacist,

                              (b)    a regulated member or other person authorized to sell medicine pursuant to regulations under the Health Professions Act, or

                               (c)    a registered veterinarian or permit holder under the Veterinary Profession Act.

(3)  An application for a qualification certificate must be made to the Minister in a form prescribed in the regulations and must be accompanied with a qualification certificate fee in the amount prescribed in the regulations.

(4)  The Minister may issue a qualification certificate under this section subject to any terms and conditions the Minister considers appropriate.

(5)  A qualification certificate issued under this section is not transferable.

(6)  The Minister may, in the Minister’s discretion,

                               (a)    refuse to issue or to renew a qualification certificate, or

                              (b)    cancel or suspend a qualification certificate or vary the terms and conditions of a qualification certificate if the Minister is satisfied that the qualification certificate holder has contravened this Act or the regulations or the terms and conditions of the qualification certificate,

and must provide a copy of the decision to the applicant or qualification certificate holder, as the case may be.

2009 c17 s11

Closing of premises

44(1)  If an outlet licence has been suspended or cancelled under section 43.4, the area of the premises where authorized medicine is sold must be closed.

(2)  If a qualification certificate has been suspended or cancelled under section 43.5 and no other individual with a qualification certificate is able to carry out the day‑to‑day activities for which the suspended or cancelled qualification certificate was issued, the area of the premises where authorized medicine is sold must be closed.

(3)  A licence holder is not entitled to compensation in respect of anything done under this section.

2007 cA‑40.2 s44;2009 c17 s11

Medicine

45(1)  If an outlet licence is suspended or cancelled, an inspector may seize and detain any medicine on the premises prior to closing the area of the premises where the medicine is sold.

(2)  If an outlet licence referred to in subsection (1) remains suspended or cancelled after all appeals have been exhausted, the inspector may dispose of any medicine seized under subsection (1) in a manner approved by the chief provincial veterinarian.

(3)  A licence holder is not entitled to compensation in respect of anything done by an inspector under this section.

2007 cA‑40.2 s45;2009 c17 s11

Part 10
Appeals

Appeal procedure

46(1)  A person who is directly affected by any of the following decisions may appeal the decision in accordance with this section:

                               (a)    a determination of the expenses incurred in carrying out the terms and conditions of

                                        (i)    a quarantine order under section 17,

                                      (ii)    a surveillance zone order under section 24, or

                                     (iii)    a control zone order under section 32;

                              (b)    the amount of compensation authorized or a refusal or reduction of compensation by the Minister under section 30;

                               (c)    a refusal by the Minister to issue or renew a licence or qualification certificate under Part 9;

                              (d)    the terms and conditions imposed on a licence or qualification certificate by the Minister under Part 9;

                               (e)    the cancellation, suspension or variance of the terms and conditions of a licence or qualification certificate under Part 9.

(2)  An appeal under this section must be commenced by serving the Minister with a notice of appeal in the form prescribed in the regulations within 30 days after the appellant is notified of the decision referred to in subsection (1).

(3)  The Minister must, within 30 days after being served with a notice of appeal, appoint an appeal board to hear the appeal.

(4)  An appeal board must consist of at least 3 and not more than 5 persons, one of whom must be designated as chair by the Minister.

(5)  The Minister may prescribe the time within which an appeal board is to hear an appeal and render a decision, and the Minister may extend that time if the Minister considers it appropriate to do so.

(6)  An appeal board that hears an appeal under this section may

                               (a)    confirm the refusal, cancellation, suspension or variance of the terms and conditions of a licence or qualification certificate under Part 9,

                              (b)    direct that a licence or qualification certificate be issued or renewed under Part 9,

                               (c)    reinstate a licence or qualification certificate cancelled under Part 9,

                              (d)    remove or vary a suspension of a licence or qualification certificate under Part 9,

                           (d.1)    remove or vary a variation of a term or condition of a licence or qualification certificate under Part 9,

                               (e)    confirm or vary a determination of expenses incurred under section 17, 24 or 32, or

                               (f)    confirm or vary the amount of compensation authorized under section 30, direct compensation be authorized under section 30 or confirm a refusal under section 30 to authorize compensation,

and the appeal board must notify the Minister and the appellant of its decision.

(7)  The Minister may pay fees and reasonable living and travelling expenses to the members of an appeal board.

2007 cA‑40.2 s46;2009 c17 s12

Decision and record of hearing

47   The appeal board must forward to the Minister documents presented and documents created at the hearing.

 

Making decision public

48   A decision made by the appeal board may be made public in any manner authorized by the Minister but must not include any information that may identify the appellant.

 

Appeal to Court of Queen’s Bench

49(1)   A person who is affected by a decision of an appeal board under this Act may appeal the decision on a question of law or jurisdiction to the Court of Queen’s Bench.

(2)  An appeal under this section must be commenced within 30 days after the appellant receives notice of the appeal board’s decision

                               (a)    by filing an application that sets out the grounds for the appeal with the clerk of the Court of Queen’s Bench, and

                              (b)    by serving a copy of the application on the appeal board.

(3)  The Court of Queen’s Bench may, on application either before or after the time referred to in subsection (2), extend that time if it considers it appropriate to do so.

(4)  On the hearing of an appeal, no evidence other than the evidence that was submitted to the appeal board on the making of the decision appealed from may be admitted, and the Court of Queen’s Bench may confirm, vary or quash the appeal board’s decision or make any ancillary order that is reasonably necessary for carrying out the Court’s decision.

2007 cA‑40.2 s49;2009 c53 s21

Reinstatement procedure

50(1)  A person

                               (a)    whose licence or qualification certificate has been cancelled or suspended under section 43.4 or 43.5, and

                              (b)    who has in respect of that cancellation or suspension commenced an appeal under section 46,

may apply to the Court of Queen’s Bench for reinstatement of the licence or qualification certificate or removal of the suspension pending the determination of the appeal within 30 days after the person is notified of the cancellation or suspension.

(2)  A copy of the application must be served on the Minister.

(3)  The Court of Queen’s Bench may not hear an application made under this section until 2 or more days after a copy of the application is served on the Minister.

(4)  On hearing an application made under this section, the Court of Queen’s Bench may, subject to conditions that it considers appropriate, if any, reinstate the cancelled licence or qualification certificate or remove the suspension, as the case may be, pending the determination of the appeal under section 46.

2007 cA‑40.2 s50;2009 c17 s13;2009 c53 s21

Protection from liability

51   No action or other proceeding for damages may be commenced against an appeal board, a member or employee of an appeal board or a person appointed or engaged to perform a duty or exercise a power for an appeal board

                               (a)    for any act done in good faith in the performance or intended performance of any duty or the exercise or intended exercise of any power under this Act or the regulations, or

                              (b)    for any neglect or default in the performance of the duty or exercise of the power in good faith.

 

Part 11
Records

Records

52(1)  An owner or authorized person required to do so by the regulations must keep records in accordance with the regulations.

(2)  Records that must be kept by an owner and an authorized person include any one or more of the following records as prescribed in the regulations:

                               (a)    birth records for an animal;

                              (b)    parentage records for an animal;

                               (c)    identification of animals;

                              (d)    identification of premises;

                               (e)    records of the number of animals kept on the premises;

                               (f)    records of the date each animal arrived on the premises;

                               (g)    records of the date of sale or purchase of each animal;

                              (h)    records of the premises each animal, animal product or animal by‑product came from;

                               (i)    records of any change in the use of premises;

                               (j)    records of any change in the type of species kept on premises;

                              (k)    a daily log of

                                        (i)    premises visits by a registered veterinarian, and

                                      (ii)    examinations of animals made in a registered veterinarian’s clinic or in a veterinary hospital;

                               (l)    records of where prepared feed was produced and purchased from;

                             (m)    records of whom prepared feed was sold to;

                              (n)    repealed 2013 cS‑19.3 s3;

                              (o)    any records required to be kept under a licence or qualification certificate issued under this Act;

                              (p)    any other records required by the regulations.

(3)  Records required to be kept under this section must be kept for a minimum of 10 years unless another time period is provided for in the regulations.

2007 cA‑40.2 s52;2009 c17 s14;2013 cS‑19.3 s3

Part 12
Collection, Use and Disclosure
of Information

Information

53(1)  Any information collected by, submitted by, disclosed to, disclosed by, used by, required for production by or submitted to an inspector or the chief provincial veterinarian is deemed to be information collected by, submitted by, disclosed to, disclosed by, used by, required for production by or submitted to the Minister and is under the direction and control of the Minister.

(2)  For the purposes of administering this Act, the Minister may disclose information referred to in subsection (1) to the chief provincial veterinarian, an inspector or any other employee of the Department, and the chief provincial veterinarian, an inspector or any other employee of the Department may disclose information referred to in subsection (1) to the Minister.

 

Confidential information

54(1)  The information referred to in section 53(1) is to be treated as having been provided in confidence.

(2)  Notwithstanding subsection (1), information disclosed in a quarantine order, a surveillance zone order or a control zone order is not confidential information.

 

Personal information

55(1)  Any information referred to in section 53(1) that is personal information is confidential for a period of 5 years from the date the personal information was received.

(2)  The Minister must refuse to disclose personal information referred to in subsection (1) to an applicant under the Freedom of Information and Protection of Privacy Act other than the individual to whom the information relates if the personal information was collected to minimize the risk of a reportable disease spreading or to protect animal health or public health.

(3)  Subsection (2) prevails over section 17(2)(b) of the Freedom of Information and Protection of Privacy Act but not over any other provision of that Act.

 

Collection of information

56   The Minister may require the production of, and collect, the following information:

                               (a)    any records required to be kept by any person under section 52;

                              (b)    any information collected by an authorized person;

                               (c)    animal records and reports, animal identification and animal certificates of health under the Livestock Industry Diversification Act and the regulations under that Act;

                              (d)    horse permits, livestock permits and livestock manifests under the Livestock Identification and Commerce Act;

                               (e)    livestock permits, horse permits, pedigree cattle permits and any other permits, animal records, bills of sale for animals and livestock manifests under the Livestock Identification and Commerce Act;

                               (f)    animal records and animal identification referred to in the regulations under the Meat Inspection Act;

                               (g)    animal records referred to in the regulations under the Livestock and Livestock Products Act;

                              (h)    animal records and reports referred to in the regulations under the Marketing of Agricultural Products Act;

                               (i)    any other information prescribed in the regulations.

2007 cA‑40.2 s56;2009 c17 s15

Use and disclosure of information

57(1)  The Minister may use and disclose for any one or more of the following purposes any information collected by, submitted by, disclosed to, disclosed by, used by, required for production by or submitted to an inspector, the chief provincial veterinarian or the Minister:

                               (a)    disease eradication;

                              (b)    disease control;

                               (c)    disease surveillance;

                              (d)    protecting animal health and public health;

                               (e)    assisting in ongoing health, safety and biosecurity measures to minimize a disease outbreak or to minimize the risk of a disease spreading;

                               (f)    assisting when there is an outbreak of a disease;

                               (g)    identifying where animals are raised, quarantined, auctioned and slaughtered;

                              (h)    eliminating animal disease barriers for domestic and export market access;

                               (i)    enhancing emergency preparedness in the case of an outbreak of a disease or in the event of a natural disaster;

                               (j)    detecting the presence of diseases;

                              (k)    monitoring the health of animals;

                               (l)    analyzing the geographical distribution of a disease;

                             (m)    analyzing the epidemiology of disease outbreaks;

                              (n)    conducting assessments and models to predict disease risk;

                              (o)    tracking the movement of animals, animal products and animal by-products from premises to premises;

                              (p)    identifying the premises‑to‑premises movement of animals, animal products and animal by‑products;

                              (q)    any other purpose provided for in the regulations.

(2)  Subject to sections 53, 54 and 55, the Minister may disclose to an owner of an animal, animal product or animal by‑product or to an authorized person only the information that is necessary to minimize the risk of the disease spreading and to protect animal health and public health.

(3)  Subject to the regulations, an owner or an authorized person to whom information is disclosed may use and disclose the information only for the purposes authorized by the Minister.

(4)  If the Minister discloses information under this section, the Minister may provide a summary of a report made from an investigation or an inspection conducted under this Act instead of specific details.

(5)  Subject to sections 54 and 55, the Minister may use any information collected by, submitted by, disclosed to, disclosed by, used by, required for production by or submitted to an inspector, the chief provincial veterinarian or the Minister to publish reports pertaining to any one or more of the purposes referred to in subsection (1) on the Department’s website or by any other means the Minister chooses.

Agreements

58   In addition to agreements under sections 10 and 11 of the Government Organization Act, the Minister may enter into agreements with authorized persons to collect, use and disclose any information referred to in sections 56 and 57.

 

Part 13
General

Animal health programs

59   The Minister may, in accordance with the regulations, establish and administer animal health programs.

 

Biosecurity measures

60   The Minister may, in accordance with the regulations, establish biosecurity measures to be implemented for general disease control or for specific diseases.

 

Community pastures

61   The Minister may, in accordance with the regulations, establish disease control measures on community pastures.

 

Possession of imported animals

62(1)  The Minister may, in accordance with the regulations, prohibit the possession of imported animals that have a prescribed reportable disease or carry or may carry a disease‑causing agent for a prescribed reportable disease.

(2)  No person shall possess an imported animal with a prescribed reportable disease, the possession of which is prohibited under subsection (1).

 

Traceability system

63(1)  The Minister may use any information collected under Part 12 to establish a traceability system.

(2)  A traceability system may include the following information:

                               (a)    premises identification, including

                                        (i)    the location of premises,

                                      (ii)    the name, address and telephone number of the owner of premises,

                                     (iii)    the type of premises and the business name of premises, and

                                     (iv)    the number of each species of animals raised, kept, displayed, assembled and disposed of each year;

                              (b)    identification of animals;

                               (c)    a tracking system for the movement of animals;

                              (d)    a tracking system for the movement of animal products and animal by‑products;

                               (e)    any other information prescribed in the regulations.

(3)  An owner may be required by the regulations to obtain a unique identification number for an animal, an animal product, an animal by‑product, premises, a vehicle, a railway car, an aircraft or a watercraft that transports animals, animal products or animal by‑products.

 

Fees

64   The Minister may charge the fees provided for in the regulations for the issuing of licences and qualification certificates and for any other program or service provided for in the regulations.

2007 cA‑40.2 s64;2009 c17 s16

Sales of animals

65(1)  No person shall sell an animal with a reportable disease or an animal that may have been exposed to a disease‑causing agent for a reportable disease or any animal product or animal by‑product from an animal with a reportable disease for any reason unless authorized in writing by the chief provincial veterinarian.

(2)  Repealed 2013 cS‑19.3 s3.

2007 cA‑40.2 s65;2013 cS‑19.3 s3

Protection from liability

66   No action or other proceeding for damages may be commenced against an inspector or any person assisting an inspector

                               (a)    for any act done in good faith in the performance or intended performance of any duty or the exercise or intended exercise of any power under this Act or the regulations, or

                              (b)    for any neglect or default in the performance of the duty or exercise of the power in good faith.

Part 14
Offences and Penalties

Offences

67(1)  A person who contravenes or fails to comply with any of the following provisions is guilty of an offence:

section 9;
section 16;
section 21;
section 27;
section 28(3);
section 29(3);
section 31(6);
section 35;
section 37(2);
section 43.1(a), (b), (c), (d);
section 43.2;
section 43.3(1), (2);

section 52;
section 57(3);
section 62(2);
section 65.

(2)  Repealed 2009 c17 s17.

2007 cA‑40.2 s67;2009 c17 s17

Penalties

68(1)  A person who is guilty of an offence under section 17(1), 24(1), 32(1), 42 or 67 is liable

                               (a)    for a first offence, to a fine of not more than $15 000 and, in the case of a continuing offence, to a further fine of not more than $1000 for each day or part of a day during which the offence continues after the first day, and

                              (b)    for a 2nd or subsequent offence,

                                        (i)    to a fine of not more than $30 000 and, in the case of a continuing offence, to a further fine of not more than $2000 for each day or part of a day during which the offence continues after the first day, or

                                      (ii)    to imprisonment for a term not exceeding one year,

                                       or to both fines and imprisonment.

(2)  A prosecution under subsection (1) may be commenced within 2 years of the commission of the alleged offence but not afterwards.

 

Order for compliance

68.1   Where a court convicts a person of an offence under this Act, then, without limiting any other liability that that person may have under this Act or any other law, the court may order that person to comply with the provision of this Act for the contravention of which the person has been convicted.

2009 c17 s18

Part 15
Regulations

Lieutenant Governor in Council regulations

69(1)  The Lieutenant Governor in Council may make regulations

                               (a)    designating a person as an authorized person, or designating a class of persons as a class the members of which are authorized persons, for the purposes of section 1(e)(ii);

                              (b)    prescribing, for the purposes of section 30, circumstances under which compensation may be paid, reduced or refused, the amount of compensation that may be paid and the manner of determining the amount of compensation that may be paid;

                               (c)    respecting the inspection of premises or land by inspectors;

                              (d)    respecting the inspection by inspectors of any activities requiring a licence under this Act;

                               (e)    prescribing identification that must be carried by inspectors;

                               (f)    respecting the inspection by inspectors of animals, animal products or animal by-products or contaminated material;

                               (g)    respecting applications for licences, the issuing of licences, the term of licences and the terms and conditions of licences;

                              (h)    prescribing licences for the purposes of sections 43.1(d) and 43.4(1)(d) and the purposes for which those licences may be issued;

                               (i)    respecting applications for qualification certificates, the issuing of qualification certificates, the term of qualification certificates and the terms and conditions of qualification certificates;

                               (j)    respecting persons or classes of persons who are exempt from the requirement to hold a licence or qualification certificate;

                              (k)    prescribing fees that may be charged for licences, qualification certificates and other services or programs provided under this Act;

                               (l)    respecting facility and operational requirements of licence holders;

                             (m)    requiring holders of suspended or cancelled licences to take any action or measure or do any other thing in respect of the premises to which the licence applied or in respect of anything for which the licence was issued;

                              (n)    prescribing forms, including forms for licence applications, qualification certificate applications and appeals;

                              (o)    respecting information that may be collected by the Minister under section 56;

                              (p)    respecting purposes for which information collected under section 56 may be used by the Minister;

                              (q)    respecting the purposes for which owners and authorized persons may use information disclosed to them;

                               (r)    respecting the types of records to be kept, maintained and submitted under this Act by owners, authorized persons, licence holders and qualification certificate holders;

                               (s)    respecting how records are to be kept, maintained and submitted by owners, authorized persons, licence holders and qualification certificate holders;

                               (t)    respecting the period of time records must be kept by owners, authorized persons, licence holders and qualification certificate holders;

                              (u)    respecting the establishment and administration of animal health programs and other programs and services under this Act;

                              (v)    respecting the implementation of biosecurity measures for general disease control and for specific diseases;

                              (w)    respecting disease control measures on community pastures;

                              (x)    respecting the possession of imported animals that have a prescribed reportable disease or carry or may carry a disease‑causing agent for a prescribed reportable disease;

                              (y)    respecting the establishment of a traceability system under section 63 and the information that may be included in a traceability system;

                               (z)    respecting the audit of any matter related to a traceability system;

                             (aa)    respecting the identification, for the purposes of a traceability system, of animals, animal products, animal by‑products, vehicles, railway cars, aircraft and watercraft that transport animals, animal products and animal by‑products;

                            (bb)    respecting the establishment of premises identification within a traceability system under section 63;

                             (cc)    respecting the destruction and disposal of animals;

                            (dd)    respecting the sale of animals to which medicine has been administered or that have been exposed to chemicals, toxic substances or other deleterious substances;

                             (ee)    respecting livestock markets, including, without limitation, regulations

                                        (i)    defining “livestock market”,

                                      (ii)    respecting the design, location and construction of livestock markets,

                                     (iii)    respecting the equipment in livestock markets,

                                     (iv)    respecting sanitation standards for livestock markets,

                                       (v)    respecting the handling of livestock at livestock markets, and

                                     (vi)    respecting the operation of livestock markets;

                              (ff)    providing with respect to any provision of the regulations under this Act that its contravention constitutes an offence;

                             (gg)    respecting penalties and orders that may be made in respect of offences created under clause (ff);

                            (hh)    respecting the transition of any matter from the Livestock Diseases Act to this Act;

                              (ii)    dealing with any difficulty or impossibility resulting from the transition from the Livestock Diseases Act to this Act;

                              (jj)    defining words or expressions to be defined by the regulations and any other word or expression used in this Act that is not defined in this Act;

                            (kk)    respecting the application of any provision of this Act, with or without modification, to an inspector, owner or authorized person;

                              (ll)    exempting an animal, animal product or animal by‑product or any class of animal, animal product or animal by‑product from the application of all or part of this Act.

(1.1)  A regulation under subsection (1) may apply to all animals, animal products or animal by‑products or to one or more specific classes of animals, animal products or animal by‑products.

(2)  A regulation under subsection (1) may adopt or incorporate, in whole or in part or with modifications, published documents that set out standards, codes, guidelines or other rules relating to any matter in respect of which a regulation may be made under subsection (1).

(3)  If a standard, code, guideline or other rule is adopted or incorporated by regulation under this section, the Minister shall ensure that a copy of the standard, code, guideline or other rule is made available to a person on request.

(4)  The Lieutenant Governor in Council may make regulations in respect of matters coming under this Act that the Minister, after consulting with the chief provincial veterinarian, considers to be unforeseen, that are not provided for or that are insufficiently provided for in this Act.

(5)  A regulation made under subsection (4) is repealed on the earliest of the following:

                               (a)    the coming into force of an amendment to this Act that provides for the matter dealt with in the regulation made under subsection (4);

                              (b)    the coming into force of a regulation that repeals the regulation made under subsection (4);

                               (c)    the expiration of 3 years from the day that the regulation made under subsection (4) comes into force.

(6)  The repeal of a regulation under subsection (5)(b) or (c) does not affect anything done, incurred or acquired under the authority of that regulation before the repeal of that regulation.

(7)  Subsections (4) to (6) and this subsection are repealed 5 years after this section comes into force, but the repeal does not affect anything done, incurred or acquired under the authority of a regulation made under subsection (4) before the repeal of subsections (4) to (6).

2007 cA‑40.2 s69;2007 c34 s2;2009 c17 s19

Ministerial regulations

70(1)  The Minister may make regulations

                               (a)    prescribing reportable diseases and notifiable diseases for the purposes of sections 3 and 4;

                              (b)    prescribing purposes for which action must be taken for reportable diseases;

                               (c)    prescribing purposes for which notifiable diseases are to be monitored;

                              (d)    respecting the reporting of reportable diseases and notifiable diseases to the chief provincial veterinarian.

(2)  A regulation under subsection (1) may adopt or incorporate, in whole or in part or with modifications, published documents that set out standards, codes, guidelines or other rules relating to any matter in respect of which a regulation may be made under subsection (1).

(3)  If a standard, code, guideline or other rule is adopted or incorporated by regulation under this section, the Minister shall ensure that a copy of the standard, code, guideline or other rule is made available to a person on request.

2007 cA‑40.2 s70;2009 c17 s20

Self‑government regulations

70.1(1)  The Minister may make regulations

                               (a)    respecting the establishment of delegated authorities;

                              (b)    delegating to one or more delegated authorities any of the powers, duties or functions of the Minister or an inspector under this Act, except the power of the Minister to make regulations;

                               (c)    imposing conditions on the delegated powers, duties or functions;

                              (d)    limiting the liability of a delegated authority and its employees, agents, directors or officers in an action for negligence with respect to the delegated power, duty or function when the delegated authority and its employees, agents, directors or officers act in good faith pursuant to the delegation, including, but not limited to, providing that any limitation of liability applicable to an inspector may be made applicable to a delegated authority and its employees, agents, directors or officers while they are carrying out the inspector’s power, duty or function;

                               (e)    notwithstanding anything in sections 46 to 51, respecting an appeal from an action or a decision of a delegated authority or its employees, agents, directors or officers;

                               (f)    authorizing a delegated authority to collect money by the levy of fees and charges with respect to the delegated power, duty or function on persons or classes of persons specified in the regulations, respecting how the fees and charges are to be imposed, collected and accounted for and authorizing the delegated authority to use the money for any purpose related to the operation of the delegated authority in the carrying out of a delegated power, duty or function;

                               (g)    respecting the payment of a fee to a delegated authority for the carrying out of a delegated power, duty or function;

                              (h)    authorizing a delegated authority to collect, on behalf of the Crown, any money lawfully due to the Crown under this Act and respecting how the money is to be collected and accounted for and remitted to the Minister;

                               (i)    respecting records that a delegated authority is required to maintain;

                               (j)    respecting an annual report under section 70.7;

                              (k)    respecting the confidentiality of information obtained by a delegated authority and its employees, agents, directors or officers while carrying out a delegated power, duty or function;

                               (l)    respecting the terms and conditions on which an operator of an inspection site must lease an office to a delegated authority when the delegated authority requires the operator to do so;

                             (m)    respecting the inspection of premises where a delegated authority or its employee, agent, director or officer is carrying out a delegated power, duty or function and authorizing the Minister to make copies of any document or other record related to the delegated power, duty or function;

                              (n)    respecting the carrying out of an audit of a delegated authority with respect to its delegated powers, duties and functions and authorizing the Minister to charge reasonable costs incurred in carrying out the audit.

(2)  Where a delegation is made under subsection (1),

                               (a)    a reference in this Act to the Minister or an inspector with respect to delegated powers, duties or functions is to be read as if it were a reference to the delegated authority, and

                              (b)    a person who is affected by an action taken or decision made by a delegated authority pursuant to the delegation may appeal the action or decision in accordance with the regulations made under subsection (1)(e).

(3)  Notwithstanding the Financial Administration Act, any money collected by a delegated authority pursuant to subsection (1)(f) or (g) or section 70.6 belongs to the delegated authority.

(4)  If the regulations establish a maximum amount of a fee that a delegated authority may charge for providing a service, the delegated authority may not charge or collect a fee that is greater than that maximum amount.

2009 c17 s21

Rules

70.2(1)  A delegated authority may make rules

                               (a)    respecting the carrying out of a delegated power, duty or function;

                              (b)    delegating to the employees or agents of the delegated authority and, in the case of a corporation, to its employees, agents, directors or officers, the carrying out of a delegated power, duty or function, except the power to make rules under this subsection.

(2)  A rule made under subsection (1) is not in force until it is approved by the Minister.

(3)  The Regulations Act does not apply to a rule made under this section.

2009 c17 s21

Not Crown agents

70.3   With respect to a delegation, a delegated authority and its employees, agents, directors and officers are not agents of the Crown.

2009 c17 s21

Financial Administration Act

70.4   The Financial Administration Act does not apply to a delegated authority with respect to a delegated power, duty or function.

2009 c17 s21

Business Corporations Act, s122(4)

70.5   Section 122(4) of the Business Corporations Act does not apply to a corporation that is a delegated authority in respect of the carrying out of a power, duty or function under this Act.

2009 c17 s21

Action for fees or charges

70.6   A fee or charge levied pursuant to a regulation made under section 70.1(1)(f) is recoverable by the delegated authority as a debt due to the delegated authority.

2009 c17 s21

Reports

70.7(1)  A delegated authority shall, after the end of its fiscal year, prepare and submit to the Minister an annual report with respect to its powers, duties and functions under this Act.

(2)  The annual report must include a general summary of the delegated authority’s policies and activities in that year, any rules made under section 70.2 in that year and a financial report that includes an audited financial statement.

(3)  On receiving the annual report, the Minister shall lay a copy of it before the Legislative Assembly if it is then sitting, and if it is not then sitting, within 15 days after the commencement of the next sitting.

(4)  A delegated authority shall, on the written request of the Minister, provide the Minister with other reports as specified by the Minister in the request.

2009 c17 s21

Forms

70.8   Subject to the regulations, a delegated authority may establish and use forms for the purposes of its carrying out its delegated powers, duties or functions.

2009 c17 s21

Inclusive power

71   The authority to make regulations under this Act respecting a matter includes the authority to make regulations prohibiting the matter.

 

Part 16
Transitional Provisions, Consequential Amendments, Repeal and Coming into Force

Transitional provision

72   On the coming into force of sections 43 to 51 of this Act,

                               (a)    all suspensions, cancellations and variations of terms and conditions of licences commenced under the Livestock Diseases Act continue under those sections,

                              (b)    all ongoing appeals commenced under the Livestock Diseases Act continue and must be determined under those sections, and

                               (c)    all rights of appeal commenced under the Livestock Diseases Act continue under and are subject to those sections.

 

Transitional provision

73   A qualification certificate issued under the Livestock Diseases Act continues as a qualification certificate under this Act until it would have expired under the Livestock Diseases Act or is suspended or cancelled.

2007 cA‑40.2 s73;2009 c17 s22

74 to 76   (These sections amend other Acts.  The amendments have been incorporated into those Acts.)

 

Repeal

77   The Livestock Diseases Act, RSA 2000 cL‑15, is repealed.

 

Coming into force

78   This Act comes into force on Proclamation.

 

(NOTE:   Proclaimed in force, except sections 43(1)(a) to (d) and (2), 44, 45, 52(2)(n), 65(2), 68 and 72, January 1, 2009.  Sections 68 and 72 proclaimed in force June 30, 2014.)


Schedule

Authorized Persons

1   The following are authorized persons for the purposes of section 1(e) of this Act:

                               (a)    a registered veterinarian;

                              (b)    a municipality where quarantined premises are located or within a surveillance zone;

                               (c)    a police officer or peace officer located in the region surrounding quarantined premises or within a surveillance zone;

                              (d)    the Chief Medical Officer or a medical officer of health under the Public Health Act;

                               (e)    a regional health authority established under the Regional Health Authorities Act;

                               (f)    an agricultural service board under the Agricultural Service Board Act;

                               (g)    the Alberta Agricultural Products Marketing Council under the Marketing of Agricultural Products Act;

                              (h)    a board under the Marketing of Agricultural Products Act;

                               (i)    a commission under the Marketing of Agricultural Products Act;

                               (j)    a dealer under the Marketing of Agricultural Products Act;

                              (k)    a designated agency under the Marketing of Agricultural Products Act;

                               (l)    a processor under the Marketing of Agricultural Products Act;

                             (m)    a producer under the Marketing of Agricultural Products Act;

                              (n)    a licence holder under a plan made pursuant to section 26 of the Marketing of Agricultural Products Act;

                              (o)    a livestock dealer under the Livestock Identification and Commerce Act;

                              (p)    a delegated authority under the Livestock Identification and Commerce Act;

                              (q)    a licence holder under the Livestock Identification and Commerce Act;

                               (r)    a licence holder under the Stray Animals Act;

                               (s)    a delegated authority under the Stray Animals Act;

                               (t)    any person that holds an approval, authorization or registration under the Agricultural Operation Practices Act;

                              (u)    the Alberta Veterinary Medical Association;

                              (v)    a Government agency or Government department;

                              (w)    an administrator, distributor or organization that manages an animal identification system referred to in Part XV of the Health of Animals Regulations (Canada);

                              (x)    a purchaser of an animal that bears animal identification as required by the regulations.

2007 cA‑40.2 Sched.;2009 c17 s23